Personal Injury as Tragedy

Having learned from Simon Rifkind all trials are plays, (See Lessons from Simon Rifkind), I sought a theatrical formula appealing to audiences over time that mirrors a personal injury case. The type of play that fits a personal injury case is tragedy. Research reveals Aristotle in Poetics sets forth what has become the classic formula of tragedy.

Plato and Aristotle argued about whether the study of tragedy is worthy of a philosopher’s time. Plato maintained all theater including tragedy is entertainment not rising to the level of philosophic interest. Aristotle disagreed. Aristotle argued tragedy at the highest level involves the audience. The audience sees the tragic plot in cause and effect sequences that mirror universal truth.

In high level tragedy two things happen to members of the audience. First, they pity the tragic hero. Second, they fear the tragic result (the adversity) could happen to them. Aristotle maintains when this occurs the audience experiences a cathartic event – a purification or spiritual renewal. According to Aristotle, when members of the jury identify with plaintiff; pity the tragic result dealt plaintiff; and fear the result could happen to them a catharsis occurs in the verdict as the jury rights the wrong.

It is important to note tragedy is neither staged nor made up. As taught by Aristotle tragedy represents reality. People recognize tragedy and if possible want to remedy tragedy. This is why it makes sense for a personal injury lawyer to know the dynamics of tragedy, as when these dynamics are present we have a case worthy of the production of trial.